Юридические документы Whizz

E-Bike Installment Sale and Security Agreement

Last Updated: July 1, 2024

E-BIKE INSTALLMENT SALE AND SECURITY AGREEMENT

I. INTRODUCTION

My Device Inc., a Delaware corporation doing business as Whizz (“Whizz,” “Company,” or “we”), welcomes you (“you” or “Purchaser”) to our installment sale program for electric bicycles (“Property”, “E-bikes”). These sales are offered through our website at https://getwhizz.com/ and through the Whizz personal account and mobile application. This Installment Sale and Security Agreement (“Agreement”) sets forth the terms and conditions under which you may purchase E-bikes from us in installments. By entering into this Agreement, you agree to the terms and conditions herein and acknowledge that this Agreement together with the Property Sale Form constitutes a legally binding contract between you and Company.

PLEASE READ EACH PROVISION OF THIS AGREEMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, INCLUDING MANDATORY ARBITRATION, NO CLASS ACTION, RELEASES, WAIVERS, DISCLAIMERS, ASSUMPTION OF RISK, AND OBLIGATIONS UNDER THE INSTALLMENT PAYMENTS, LATE FEES, AND OTHER APPLICABLE FEES.

By clicking “I Agree”, you (i) confirm that you have read and understood Agreement’s terms, (ii) agree to enter into this Agreement, (iii) confirm that you have the legal capacity to enter into this Agreement, (iv) acknowledge that this Agreement constitutes a legally binding contract between you and the Company. This includes understanding and accepting terms regarding the payment schedule identified in the Property Sale Form and your rights and obligations concerning the purchased E-bikes. IF YOU DO NOT ACCEPT OR UNDERSTAND THIS AGREEMENT, PLEASE DO NOT PROCEED WITH THE PURCHASE.

II. APPLICATION

A. Application. Prior to signing this Agreement, Purchaser must submit an installment sale application (“Application”) to Company. The approval of the Application, which includes the successful outcome of the background check, is a prerequisite for proceeding with the sale of E-bike. Upon transfer of the E-bike to the Purchaser from the Company, a Property Sale Form shall be signed between Company and Purchaser.

B. Eligibility. For successful approval of the Purchaser’s Application and for Purchaser to be eligible to purchase E-bike through the installment sale plan, Purchaser must meet all the following criteria:

1. Obtain at Purchaser’s own expense all necessary equipment and services needed to access the Company’s mobile application or personal account (including a mobile device and wireless service). Purchaser is solely responsible for the payment of all related costs and fees, such as internet service provider or airtime charges;
2. Be at least 18 years old;
3. Provide Company with valid identification and payment information, which may include:

  • A U.S. Government-issued ID with a photo on it;
  • Social Security number (SSN);
  • A physical address;
  • A phone number;
  • An email address;
  • Credit or debit card information, including card number, card holder’s name, billing zip code, and expiration date;
  • Company reserves the right to ask for any other documents that allow it to perform a background check to confirm Purchaser’s reliability.

4. Agree to a background check performed by Company or Company’s contractors;
5. Consent to be bound by the terms and conditions of the Privacy Policy (Privacy Policy) and Terms of Use (Terms of Use);
6. Agree to all terms of this Agreement including, but not limited to, “Waiver and Release of liability: Lithium-lon Battery Warning and Usage information,” and release Company and its affiliates, officers, directors, employees, agents, and contractors from any claims arising from or relating to any injury or damage resulting from the use of the lithium-ion battery.

C. Background Check. Company will conduct a background check as part of the Application process. Company reserves the right to decline the Application and not proceed with the sale of E-bike at any time for any reason. This includes, but is not limited to, negative results from Purchaser’s background check, prior violations of this Agreement or any other agreements with Company, or any existing debts to Company. Company will not conduct a credit check. Specific reasons for declining the Purchaser’s Application will not be disclosed.

D. No Discrimination. Company recognizes its responsibilities under federal, state and local laws pertaining to fair credit and billing practices, as well as the moral principles regarding civil rights. Company will not deny services, sales, or discriminate against any persons due to race, creed, color, religion, national origin, marital status, physical handicap, gender, sexual orientation, or political beliefs. Our commitment extends to ensuring all practices are conducted fairly and equitably, respecting the rights and dignity of all individuals.

E. Reservation of Rights Regarding Installment Sales Refusal. Company commits to a non-discriminatory approach to providing installment sales. However, we reserve the right to refuse to sell E-bike to Purchasers who have previously demonstrated behavior that compromised the safety, integrity, or proper use of our services. This includes, but is not limited to, unsafe, reckless, inappropriate, negligent, offensive, fraudulent behaviors, or any actions deemed unacceptable by Company. Additionally, this right extends to Purchasers whose previous agreements of any types with Company were terminated due to delinquency, had property repossessed, or have any outstanding debts with Company. Decisions to refuse initiating or continuing an installment sale agreement will be made at Company’s discretion, aiming to ensure the safety and well-being of all Purchasers and to maintain the integrity of our services.

F. Availability. Company does not represent, warrant, or guarantee the continuous availability of E-bikes for sale on an installment basis. Availability may be influenced by factors such as weather conditions, unforeseen events, or other extraordinary circumstances that could impact our ability to provide E-bikes. The inventory of E-bikes and related equipment, such as batteries, is limited, and the ability to purchase these on an installment plan is contingent upon the availability of these items.

III. SALE IN INSTALLMENTS

A. Sale and Purchase. Under this Agreement, Company agrees to sell, and Purchaser agrees to purchase the E-bike and to pay the total purchase price of the E-bike in installments as detailed in the Property Sale Form. This agreement is conditioned upon the approval of the Purchaser's Application, including a background check, as stipulated in Section II of this Agreement.

B. Term of Agreement. This Agreement will be in force between Company and Purchaser from the Effective Date until all Installment Payments have been made and all other obligations under this Agreement have been fulfilled unless canceled by Purchaser or terminated by Company.

C. Changes to Agreement. Company may amend this Agreement in its sole discretion. Company will reasonably notify Purchasers of any changes via email, notification through the App, or by other means. Company will post the revised Agreement on the Site and/or on the App. The revised Agreement is effective immediately upon notification. The continuous payment of the Installment Payments following any changes to the Agreement automatically constitutes Purchaser’s acceptance of the amended Agreement. However, any amendments to this Agreement will not apply to Purchasers who have already entered into this Agreement and made their initial payment prior to the effective date of such amendments.

IV. PAYMENT TERMS

A. Total Purchase Price. The total purchase price of E-bike will be detailed in the Property Sale Form specific to the transaction.

B. Initial Payment. Upon execution of this Agreement, Purchaser shall pay a non-refundable down payment combined with the first installment payment. This combined payment is due no later than at the signing of the Property Sale Form.

C. Installment Payments. The balance of the purchase price shall be paid in installments as outlined in the Property Sale Form. Payments are due monthly, starting from the date of signing Property Sale Form and continuing on the same day of each subsequent month for the duration specified in the Property Sale Form.

D. Payment Terms. Purchaser represents and warrants to Company that Purchaser is authorized to use any credit or debit card Purchaser furnishes to Company. Purchaser authorizes Company to charge the card for all Payments and other applicable fees, including Late Fees, incurred by Purchaser, and to transmit Purchaser’s credit or debit card information to Company’s third-party vendors for the sole purpose of processing such charges. All fees and costs, including Installment Payments and Late Fees, are due when incurred. Acceptable forms of payment are limited to valid, non-expired credit or debit cards issued in the Purchaser's name. Cash, checks, and temporary or prepaid credit/debit cards are not accepted.

E. Prepayment. Purchaser may prepay the outstanding balance in whole or in part only upon obtaining prior written consent from Company.

F. Disputed Charges. Purchaser may not dispute any charges on Purchaser’s credit or debit card account directly with their card provide. Instead, Purchaser must contact Company directly of charges Purchaser would like to dispute. Company will promptly investigate the matter and will report back to Purchaser as soon as possible. In the event it is found by Company that there has been an error in billing, Company will reverse the electronic payment transaction. Company’s findings will be the final. If Purchaser initiates a dispute directly with his/her credit or debit card provider, Company reserves the right to impose a fee on Purchaser, which will be equivalent to the disputed payment along with Late Fees and any other applicable fines. Additionally, Company may terminate the Agreement, repossess E-bike, and proceed with legal action against Purchaser, all at Company’s sole discretion.

G. Returned Payments. Purchaser is billed automatically for amounts due via credit/debit card or other means. If payment of any amount due, including the Installment Payments or Late Fees, is rejected by the credit/debit card provided by Purchaser, Company may take the necessary steps to collect the payment. This may include performing manual charges in full or in part that, in sum, equal the amount owed. By agreeing to these terms, Purchaser consents to Company performing such manual charges toward settling the amount owed. Company may also issue an invoice to Purchaser for the outstanding amount. If payment is not received, Company reserves the right to suspend or terminate the Agreement at Company's sole discretion and repossess E-bike. In addition, Company may resort to involving legal authorities and professional debt collectors to collect the payment owed. Purchasers are required to keep their payment method information current and accurate (e.g. billing address, credit/debit card number, and expiration date) and to notify Company if Purchaser’s credit or debit card is no longer valid. Ongoing issues with credit/debit card billings may result in termination of use of the Agreement. Under no circumstances will Company be responsible for any overdraft or other fees charged by Purchaser's credit/debit card issuing bank.

H. Partial Payments. In the event Purchaser is delinquent on any amount due, including Installment Payments, Company may elect to charge Purchaser's credit or debit card for partial payments of the amount due, without prior notice to Purchaser. Purchaser agrees to allow Company to charge Purchaser’s card for such partial payments.

I. Charges for Damages. In the event Company repossesses the E-bike for any reason and any damage has occurred to the E-bike, Company will have the right to charge the Purchaser's credit card directly for the full amount of the damages to the E-bike. Purchaser agrees to allow Company to charge Purchaser’s card for the full sum of the damages.

V. OWNERSHIP

A. Transfer of Ownership. Ownership of E-bike will be transferred to Purchaser upon full and final payment of the purchase price and any other amounts due under this Agreement. Until such payment is made, E-bike shall remain with Company as collateral (security interest). Company reserves the right to seize E-bike in the event of default or non-payment by Purchaser of all payments and other obligations.

VI. LIEN AND SECURITY INTEREST

A. Retention of Lien. Company shall retain a lien on E-bike until all Installment Payments and any other amounts due under this Agreement have been fully paid. This lien secures the performance of Purchaser’s obligations under this Agreement.

B. Maintenance of Collateral. Purchaser is obligated to maintain E-bike in good working condition and comply with all applicable laws and regulations regarding its use and upkeep. Failure to maintain E-bike will result in a breach of this Agreement and obligate Purchaser to compensate for any repairs, replacements, or damages associated with the upkeep and repair of the E-bike. Any improvements or accessories added to E-bike shall become inherent components thereof.

C. Authorization to Inspect. Company reserves the right to inspect E-bike at reasonable intervals to ensure it is in good condition and that Purchaser is complying with the terms of this Agreement.

D. Notice of Adverse Claims. Purchaser must notify Company immediately of any accidents , claims or legal actions that could affect Company's interest in E-bike, including but not limited to liens, encumbrances, or damages.

E. Release of Lien. Once all payments and other obligations have been fulfilled by Purchaser under this Agreement, the lien shall terminate.

F. Remedies on Default. In the event of default by Purchaser, where Purchaser fails to make any Installment Payments by the due date or breaches any other term of this Agreement, Company may exercise its lien rights to repossess E-bike without prior notice.
G. Responsibility for Third-Party Actions. If Purchaser entrusts the E-bike to anyone else, Purchaser will be responsible for any actions taken by third parties if such actions do not comply with the requirements of this Agreement. Purchaser will be liable for any damage, regardless of whether the damage occurs due to Purchaser's actions or those of any other person, until all payments and other obligations have been fulfilled by Purchaser and the release of the lien.

H. Prohibition on Transfer. The Purchaser may not transfer the E-bike to a third party until the Purchaser has fulfilled all payments and other obligations under this Agreement. Any attempt to transfer ownership of E-bike before fulfilling all payments and other obligations will be considered a breach of this Agreement. Such a breach may result in legal action, including repossession of E-bike

I. GPS Device Services for Repossession. Purchaser acknowledges that GPS Services are utilized to facilitate the Repossession of E-bike in the event that necessary payments are not made. Location data and personal data collected through GPS Services will be handled in accordance with the Company's Privacy Policy. These GPS Services are specifically employed to assist in the recovery of E-bike during instances of non-payment and will be discontinued once Purchaser has fulfilled all payment obligations under this Agreement. Purchaser is not permitted to tamper with or disable the tracking system on the E-bike until all payments have been fully completed. In the event that the Purchaser intentionally tampers with the tracking system, the Сompany reserves the right to terminate this Agreement immediately. After Purchaser has fulfilled all payment obligations under this Agreement for E-bike, Сompany undertakes to deactivate GPS.

VII. ASSIGNMENT OF OBLIGATIONS AND RIGHTS

A. Non-Assignable by Purchaser. Purchaser may not assign their obligations under this agreement to a third party without prior written permission from Company. Any attempt to assign the responsibilities without such consent will be void and have no legal effect.

B. Assignable Company. Company may assign this installment sale and security agreement to a third party without notice to Purchaser. Purchaser agrees to remain bound to any subsequent holder of this agreement under the terms of this agreement. This ensures continuity of the agreement’s terms and conditions, regardless of any changes in the ownership or management of Company.

VIII. POSSESSION AND TRANSFER OF RISK

A. Passage of Title and Risk of Loss and Damage. The risk of loss, damages and title of E-bike passes from Company to Purchaser as follows.

  • Delivery service: The risk of loss, damages and title passes to Purchaser upon delivery to the carrier. Company's obligation is considered fulfilled when E-bike is handed over to the carrier tasked with transporting it to Purchaser.
  • Pick up of E-bike: The risk of loss, damages and title passes to Purchaser only upon Purchaser's pick-up of E-bike.

B. Liability for Loss or Damage. Loss of or damage to E-bike will not release Purchaser from their obligations under the terms of this agreement.

C. Lien and Security Interests. Purchaser will keep E-bike free from any other liens or security interests and will promptly pay all statutory fees related to E-bike.

IX. PICK UP OF E-BIKE

A. E-bike Pick-up. Company will provide through a personal account and mobile application additional notification regarding the specific location and time available for pick-up.
B. Conditions for Pick-up. To receive E-bike, Purchaser must provide US Government-Issued ID with a photo in their name (State Driver’s License or U.S. ID Card).

C. Validation Procedures. As part of the purchase process, Company reserves the right to request and capture a photograph of Purchaser at pick-up point, as well as make copies of the provided identification documentation for verification purposes and validate the payment method. These measures are implemented to enhance security and ensure compliance with Company's policies.

D. Sound Mind and Physical Ability. If Purchaser shows signs of being incapable of safely operating E-bike due to intoxication (drug, alcohol, or other) or physical limitations, they will be prohibited from driving E-bike from Company’s location.

E. Retail Certificate of Sale. Upon pick-up, Purchaser must conduct a thorough inspection of E-bike to ensure it is free from damages and safe to operate. After the inspection, Purchaser must sign the Property Sale Form.

X. DELIVERY SERVICE

This service is available upon request. By requesting delivery, Purchaser agrees to the following terms:

A. Availability and Limitations. Availability and pricing of delivery may vary for different Purchasers, E-bike, and delivery areas. Current terms can be found on the website getwhizz.com, through the App, or by contacting our Customer Support. Within 24 hours of payment, Company will coordinate with Purchaser to schedule the date, time, and place for delivery. If a payment falls on a weekend or a public holiday, the Company will coordinate with Purchaser on the next business day.
B. Physical Presence. Purchaser must personally be present for the delivery at the agreed-upon day and time. If Purchaser is not present, Company reserves the right to refuse the delivery and no refund will be provided for the delivery service.
C. Validation Procedures. Company reserves the right to request and capture a photograph of Purchaser at the time of delivery, as well as make copies of the provided identification documentation for verification purposes and validate the payment method. Company will also validate the payment method used for the purchase.

D. Right to Cancel/Reschedule. Company reserves the right to cancel or reschedule the delivery service due to business-related changes. In case of rescheduling, a new time will be agreed upon with Purchaser. In case of cancellation, the price of the delivery will be refunded to Purchaser, and Company will contact Purchaser to discuss alternative ways for the delivery or pick-up.

XI. USE OF E-BIKE

A. Operation and Care. Purchaser is required to follow the operational instructions provided at the time of E-bike pick-up and those available on getwhizz.com/manual/ and/or in the App.

B. Prohibited Uses. E-bike must not be used for any unauthorized commercial purposes or altered in any way that could impair its functionality or safety. Additionally, E-bike must be used only as intended and not for any prohibited activities such as speed competitions, tricks, illegal trade, or transporting contraband. E-bike must not be used to transport people for a fee or any other unauthorized purpose.

C. Safety Compliance. Wearing a helmet and complying with all applicable traffic laws is mandatory while operating E-bike. Purchaser bears full responsibility for any consequences resulting from non-compliance.

D. Storage and Security. Proper storage and security measures must be employed by Purchaser, ensuring E-bike is locked and stored securely when not in use, particularly during the installment payment period when E-bike serves as collateral. It is imperative that Purchaser understands that in the event of theft, the obligation to pay off all remaining installments remains. Purchaser is responsible for completing the payment of E-bike irrespective of its theft, damage or loss.

E. Territorial Limitation. Until all payments and other obligations under this Agreement have been fulfilled by Purchaser and the lien has been resolved, Purchaser agrees that Purchaser is prohibited from taking the E-bike outside the states where they picked it up or where it was delivered. Any violation of this territorial limitation will be considered a breach of this Agreement and may lead to the Repossession of the E-bike.

F. Pre-Ride Safety Check. Before each use of E-bike, Purchaser must conduct a safety inspection of it. This inspection should include checking for body damage, low tire pressure, properly functioning brakes, good condition of the frame, sufficient battery power, and any signs of damage, unusual wear, or mechanical problems. If any issues are detected, E-bike must not be used. Purchaser may seek inspection and necessary repairs from any qualified service provider, though Purchaser should note that Company does not bear responsibility for the quality of services rendered by third parties.

G. Fines and Administrative Fees. Purchaser is solely responsible for any fines or fees incurred due to traffic or parking violations during the use of E-bike. If Company has repossessed the E-bike for any reason, Company reserves the right to charge the Purchaser's payment method on record for any violations or fees assessed by authorities and subsequently billed to Company as a result of the Purchaser’s use of the E-bike.

XII. TERMINATION AND REPOSSESSION

A. Return and Refund Policy. Purchaser cannot return, or refund E-bike for any reason after the purchase is completed. All sales are final and Purchaser assumes full responsibility for E-bike upon purchase.

B. Termination by Company. Company may terminate this Agreement at any time upon notice to Purchaser, with or without cause while Installment Payments and all outstanding payments are incomplete. Common causes for termination include, but are not limited to:

  • Failure to make scheduled Installment Payments;
  • Dispute of any charges performed by Company according to this Agreement;
  • Non-compliance with any provision of this Agreement;
  • Conduct by Purchaser that Company deems unsafe, reckless, inappropriate, negligent, offensive, fraudulent, or otherwise unacceptable;
  • Unauthorized sale or resale of E-bike;
  • Initiation of insolvency or bankruptcy proceedings by or against Purchaser;
  • Dishonest or incomplete disclosure of required information by Purchaser;
  • Non-compliance with the operational guidelines for E-bike, such as improper storage or security practices before all payments and other obligations have been fulfilled and the lien has been resolved;
  • Accrual of fees by Purchaser that are not settled in full or through an agreed-upon payment plan.

C. Default and Repossession Procedure. Upon default by Purchaser under the terms of this Agreement, specifically if Installment Payments or accrued fees reach $100.00 or more without resolution, Company will issue a demand for payment. Purchaser shall have 10 (ten) days from the receipt of such demand to deliver E-bike to Company or pay the outstanding amount in full including Late Fee. If Purchaser fails to comply, Company may take possession of the E-bike, provided it can do so without breaching the peace or violating any laws. Purchaser agrees to cooperate in allowing Company to peacefully repossess the E-bike. If Company repossesses E-bike from Purchaser due to a breach of this Agreement, Purchaser will be charged a penalty of $500 in all states except New York and New Jersey, where the penalty will be $300.

D. No Reimbursements. Upon Company's Repossession of E-bike, no previous payments made by Purchaser under the Agreement will be reimbursed. Purchaser forfeits any claim to these payments as compensation for Company’s recovery and handling of the defaulted agreement.

E. Continuation of Rights. Any delay or failure by Company to enforce any provision of this Agreement, or any forbearance shown to Purchaser, does not waive Company’s rights to enforce such provision at a later time or to exercise any other rights under this Agreement.

XIII. FAILURE TO PAY

A. Failure to Pay. If Purchaser fails to make scheduled Installment Payments when due, Purchaser agrees to be contacted by Company via the phone number or email provided. Company is authorized to charge Purchaser for any outstanding amounts associated with the installment plan, including full or partial payments for installments and Late Fees.

B. E-bike Deactivation. If Purchaser does not make scheduled payments when due, Company reserves the right to remotely disable E-bike’s electrical components and block E-bike wheels. This measure will be taken at the Company’s discretion to ensure compliance with the payment schedule. Deactivation will continue until the day Company takes Repossession of the E-bike or until Purchaser remedies the default.

C. Late Fees. If a payment is missed and remains unpaid for more than three days, an additional Late Fee of 16% per annum applied to all overdue amounts. State and local taxes will also be applied.

D. Collections. Company may employ a third-party debt collection agency to recover outstanding debts, such as unpaid installments and other fees, including Late Fees. Delinquent payments may be placed into collections, potentially impacting Purchaser’s credit score. All negotiations or settlements regarding the debt will be handled directly with the collection agency, which will continue to contact Purchaser until the debt is settled. A one-time administrative fee of $150 will be charged for transferring Purchaser’s delinquent account to a collections agency.

E. Allocation of Legal Costs. Should Company need to engage legal counsel to enforce any breach of this Agreement, the allocation of attorney’s fees will be determined by Company at its discretion. Purchaser may be responsible for covering these costs, dependent on the specifics of the breach.

F. Payment Application. If Purchaser is delinquent but makes a payment towards a new transaction, payment will first be applied to the outstanding debt. Any subsequent payments will only be applied to new transactions after the debt is fully settled. Company reserves the right to suspend or terminate Purchaser’s ability to make new transactions until all outstanding debts are cleared. Company also reserves the right to apply payments in a manner it deems fit to recover any outstanding debts.

XIV. INDEMNIFICATION AND LIMITATION OF LIABILITY

A. Acknowledgment of Terms and Complete Release of Liability. Purchaser has read and expressly agrees to the terms and conditions of this Agreement and acknowledges that this Agreement limits their legal rights and remedies. Purchaser intends their assent to this Agreement to be a complete and unconditional release of all liability to the greatest extent permitted by law.

B. Indemnification. Purchaser agrees to defend, indemnify, and hold Company, its affiliates, and its and their respective, officers, directors, shareholders, partners, employees and agents (collectively “Company Parties”) from and against any and all claims, losses, obligations, damages, liabilities, costs, or expenses (including reasonable attorneys' fees and costs) arising from or related to the Purchaser’s use of the E-bike, any breach of this Agreement and/or Property Sale Form by Purchaser, or any violation of law or infringement of the rights of any third party by Purchaser. This indemnification obligation shall survive the termination or expiration of this Agreement and remain in full force and effect indefinitely.

C. Waiver and Release. In consideration of the benefits received by Purchaser under this Agreement, Purchaser agrees specifically releases and forever discharges Company Parties from any and all liability or claims for injury, illness, death or loss of or damage to E-bike which Purchaser may suffer while using the E-bike and participating in associated activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Company Parties. It is the express intent of this Agreement that Purchaser release Company Parties and hold them harmless from all liability for any such E-bike loss or damage, personal injury or loss of life, whether caused by the negligence of Company Parties or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this Agreement, Purchaser fully recognizes that if injury, illness, death or damage occurs while engaged in using the E-bike or participating in any activity associated with the E-bike, Purchaser will have no right to make a claim or file a lawsuit against Company Parties, even if any of them negligently cause any injury, illness, death or damage. Purchaser warrants that they are not the subject of U.S. sanctions or sanctions consistent with U.S. law.

Purchaser acknowledges that they have had the opportunity to review this waiver and they are voluntarily and knowingly entering into this Agreement with full understanding of its terms, and without any undue influence or coercion.

D. Limitation of Liability. To the maximum extent permitted by applicable law, in no event will Company parties be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from any use of, or inability to use, the E-bike.

If Company is determined to be liable, such liability to Purchaser or to any third party is limited to the greater of (a) the total fees paid hereunder and (b) $100.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Company parties have been advised of the possibility of such damage. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.

E. No Warranty. E-bike is provided to Purchaser on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, Company makes no warranty, express or implied, as to any matter whatsoever including, without limitation, the condition of E-bike or its merchantability or fitness for a particular purpose.

F. Assumption of High-Risk Activity. Purchaser acknowledges that using E-bike exposes Purchaser to known and unknown risks, dangers, and hazards that could result in injury, illness, or death to Purchaser or others, as well as property damage. Such risks, dangers, and hazards cannot always be predicted or avoided. Purchaser acknowledges and assumes these risks and waives all Company liability. See examples:

  • Death or serious injury is possible;
  • Head-on collisions: These are particularly dangerous and represent the most severe type of E-bike crash;
  • Accidents at intersections: E-bikes can be less visible to other drivers, especially during turns or when stopped at traffic lights;
  • Common accident causes: These can include potholes, uneven road surfaces, careless riding in poor weather conditions, obstacles or debris on the road or sidewalk, and excessive speed;
  • Prohibited behaviors: Driving under the influence of alcohol, drugs, stimulants, thinners, or any medications that impair the ability to operate E-bike safely is strictly prohibited.

G. Prohibited Use. Any use of E-bike that is contrary to the Agreement will void any warranty and coverage related to E-bike. Purchaser will be solely responsible for any loss or damage resulting from such prohibited use, including, but not limited to, the use of E-bike while under the influence of alcohol or drugs, or using E-bike for illegal purposes.

H. Manufacturer Liability Disclaimer. Company is a distributor and not the manufacturer of E-bike. As such, Company disclaims all liability for accidents or damages that may occur due to manufacturing defects of E-bike. Any claims related to manufacturing defects should be directed towards the manufacturer.

XV. LEGAL RAMIFICATIONS

A. Liability for Non-Payment. Failure to pay for the installments, fees or/and any other applicable charges incurred by Purchaser will result in legal action against Purchaser. Purchaser will bear full responsibility for all legal fees associated with the collection of the owed balance, including court costs, filing fees, the utilization of an enforcement officer, and any other applicable fees incurred by Company. The exact amount of these fees will be determined by Company and may be imposed on Purchaser as deemed necessary in the collection process.

B. Governing Law and Venue. This Agreement will be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between Purchaser and Company that arises in whole or in part from this Agreement or use of E-bike will be decided exclusively by a court of competent jurisdiction located in New York, NY. Purchaser irrevocably consents to personal service of any summons, complaint, or other process and agrees that service may be made by electronic mail or certified or registered mail directed to Purchaser at the address or e-mail address provided to Company pursuant to this Agreement.

XVI. NOTICES

A. Any communications and/or notices from Purchaser to Company in relation to this Agreement must be sent to Company by email at hello@getwhizz.com. Any communications and/or notices regarding legal and collections matters must be sent to Company by email at legal@getwhizz.com. Routine Company’s communications will be sent to Purchaser’s cell phone number and/or email address through Messengers, or to the mailing address provided by Purchaser in Purchaser’s Application. Company’s communications may also be sent to Purchasers through notifications or messages within the App. Any notices deemed necessary for Purchaser’s attention during the term of this Agreement, including when Purchaser’s installment payment is overdue, will continue to be sent to Purchaser in any form as often as Company deems necessary, even after opting out of communications. It is Purchaser’s sole responsibility to contact Company immediately at hello@getwhizz.com if email address, phone number and/or their home address have changed.

B. Purchaser consents to receive communications from Company electronically, such as emails, texts, mobile push notices, or notices and messages, including through Whizz personal account and mobile application. Purchaser agrees that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Electronically delivered notifications, including any Forms issued by Company and sent via email, text or through Whizz personal account and mobile application, are considered valid and confirm receipt and acceptance of the information provided by Purchaser.

XVII. MISCELLANEOUS PROVISIONS

A. Failure to Enforce Provision. No waiver by Company of any of the provisions of this Agreement is effective unless set forth in writing and signed by Company. The failure of Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision in that or any other instance.

B. No Preclusion. No single or partial exercise of any right, remedy, power or privilege arising from this Agreement precludes any other or the exercise of any other right, remedy, power or privilege. Unless stated otherwise, all remedies under this Agreement will be in addition to any other remedies available to either party at law or in equity.

C. Validity of Enforcement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. If any provision of this Agreement will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Agreement and will not affect the validity and enforceability of any remaining provisions.

D. Binding Agreement. This Agreement together with the Property Sale Form constitutes the entire agreement between the parties regarding its subject matter and is binding upon the parties and their permitted successors and assigns.

E. Force Majeure. Company and Purchaser may be released from certain contractual obligations if extraordinary events occur such as death of Purchaser, acts of God, hurricanes, earthquakes and other natural disasters, terrorism, conflicting government acts, labor strikes, supply chain disruption, and other events beyond the control of Company and Purchaser. If possible, Purchaser and Company will work to mitigate potential losses from force majeure events.

ANNEX A

KEY DEFINITIONS

“Company” refers to My Device Inc., a Delaware corporation doing business as Whizz, which offers installment sale services for electric bicycles.

“Purchaser” refers to the individual or entity that enters into this Agreement with Company to purchase E-bikes under the terms specified.

“E-bike” refers to the bicycle with electric pedal assist and an integrated electric motor powered by Battery. This term encompasses all variants and models of electric bicycles made available by Company.

“Installment Payments” refers to the recurring payments made by Purchaser to complete the purchase price of E-bike as specified in the Property Sale Form associated with this Agreement.

“Property Sale Form” is the document that details the specific terms of E-bike’s sale, including pricing, payment schedule, and other transaction-specific information.

“Late Fees” are additional charges applied to Purchaser's account when Installment Payments are not made by their due dates, as detailed in the payment terms of this Agreement.

“GPS Services” are used for tracking the location of E-bike primarily for Repossession purposes in case of non-payment or breach of terms by Purchaser.
“Privacy Policy” is the document that outlines how Company collects, uses, stores, and protects Purchaser data, as accessible through Company’s website and/or App.

“Privacy Policy” is the document that outlines how Company collects, uses, stores, and protects Purchaser data, as accessible through Company’s website and/or App.

“Terms of Use” are the regulations that Purchasers must agree to follow in order to use the services provided by Company, as stated on the Company’s website.

“Effective Date” is the date on which Purchaser agrees to the terms and conditions as outlined in this document.

“Repossession” involves Company taking back E-bike from Purchaser due to non-compliance with the payment terms or breach of other key provisions outlined in this Agreement.

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